Sexual and Other Unlawful Harassment 1 Workshop Objectives

Sexual and Other Unlawful Harassment 1

Workshop Objectives To increase knowledge about sexual harassment in order to prevent it n To promote conversation about sexual harassment n To provide guidelines for addressing sexual harassment n 2

WHAT IS HARASSMENT? • Illegal • Against University Policy 3

SEXUAL HARASSMENT IS: • Unwelcome sexual conduct or contact • Inappropriate verbal or physical conduct based on gender • Inappropriate from the perspective of a reasonable person 4

THERE ARE TWO TYPES OF SEXUAL HARASSMENT 5

QUID PRO QUO Definition: The Latin term meaning “something for something”; requests for dates or sexual favors in exchange for employment, promotions, raises or assignments. ” • Only a supervisor or manager can commit quid pro quo harassment. • The demand for sexual favors in return for job benefits can be: Explicit “if you have sex with me than I’ll give you a raise” your manager makes repeated requests for dates, dinner, other romantic requests. You say “no” and then are passed over for a promotion that you deserve Implicit or • The job benefits at issue must be tangible, e. g. , promotion, job retention, leave, or a specific job assignment and the requested behavior must be of a sexual nature. 6

HOSTILE WORK ENVIRONMENT Definition: “Behavior of a sexual nature or gender based that interferes with an individual’s ability to work or creates a hostile, offensive or intimidating work environment. ” 7

DID YOU KNOW? ? ? • • Men can harass men Women can harass women Women can harass men Superiors can harass subordinates Subordinates can harass supervisors Peers can harass peers Non-employees (i. e. vendors, students) can harass employees 8

EXAMPLES OF VERBAL HARASSMENT • Referring to an individual as hot, hunk, babe, doll etc… • Whistling at someone; cat calls • Making sexual comments about a person’s body, looks or clothing • Making sexual innuendoes • Telling sexual jokes, stories or fantasies 9

EXAMPLES OF NON-VERBAL HARASSMENT • Staring, suggestive looks, looking a person up and down (elevator eyes) • Unwelcome touching (i. e. back rubs, hugging), or grabbing • Unwelcome notes, gifts, mail, email • Displaying gender specific materials 10

FACTORS AFFECTING HARASSMENT DECISIONS • Did it involve verbal comments or physical contact? • What was the frequency of the conduct? • Was the conduct hostile or blatantly offensive? • Was the harasser a peer or supervisor? • Did other joins in the harassment? • Was the harassment directed at more than one individual? 11

How to report suspected sexual harassment To your Supervisor n To a Manager, Director or Vice President n To the Human Resources Director n Do not talk about this only with a peer n n You can use any or all of these to report suspected sexual harassment 12

WHAT IS MANAGEMENTS RESPONSIBILITY WHEN THEY GET A COMPLAINT? As a member of management… • Listen to the facts. Let the person talk and explain happened. • Do not add opinions or be judgmental. • They must inform the employee that they are obligated by Company policy to report the information that they have been given to the Human Resources Department for investigation. • They are not to attempt to confront, accuse or investigate the matter until they have discussed the matter with a Human Resources Representative. what 13

CONFIDENTIALITY Will keep a complainant as confidential as possible. However, a certain amount of disclosure is required in order to conduct a thorough investigation, but will be limited to only those individuals that are pertinent to the investigation. Franklin Pierce University takes these matters very seriously and will not tolerate any retaliation towards you for making this complaint. 14

Facing My Accuser n Investigating a sexual harassment complaint is an internal, employment action. The person against who the complaint is lodged does not have a right to face his/her accuser. They do not even have a right to know who the accuser is. 15

YOUR RESPONSIBILITY Be proactive about harassment: • • • act as a role model in behavior and attitude expect professionalism from employees in the workplace do not engage in or encourage dialogue or joking that is sexual in nature be sure all employees know where the Company’s Sexual Harassment Policy and Complaint Procedure is posted. understand what a “hostile work environment” is and react to a potential situation quickly. consult with the Human Resources Department for advice, even if you’re not sure a sexual harassment situation exists. 16

Resolution of an Investigation n 1. 2. 3. Because of privacy laws, the University can make the following statements to the complainant: The University has completed it’s investigation and concluded. . . If clarification of the situation seems an appropriate action, these will be recommended. If disciplinary action was taken, all the University can tell the complainant is that appropriate disciplinary action was taken. 17

Questions: Should you have any questions please feel free to contact: Sharon Burke, Human Resources Director at ext. 4077 or burkes@franklinpierce. edu. 18